{"id":9643,"date":"2017-11-26T21:40:08","date_gmt":"2017-11-26T21:40:08","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9643"},"modified":"2018-08-25T01:00:12","modified_gmt":"2018-08-25T01:00:12","slug":"right-to-homestead","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9643","title":{"rendered":"right to homestead (“homestead exemption”) – the right to occupy land for use as a home, with the land, house, and outbuildings remaining exempt from execution and forced sale for collection of a debt by creditors"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Intro<\/a> >>>>\u00a0Legal Precepts Adopted into U.S. Law from Europe<\/a> >>>>\u00a0Common Law<\/a>:<\/span><\/strong><\/span><\/p>\n

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right of homestead<\/span>:<\/span>
\n<\/span><\/strong>(1847)<\/span><\/p>\n

1.<\/strong>\u00a0A statute exempting a homestead from execution or judicial sale for debt, unless all owners, usually a husband and wife, have jointly mortgaged the property or otherwise subjected it to creditors\u2019 claims.<\/strong> \u2014aka<\/span> homestead law<\/strong><\/em><\/span>; homestead-exemption\u00a0<\/strong><\/em><\/span><\/span>statute<\/strong><\/em><\/span>; homestead right<\/strong><\/em>;<\/span> homestead exemption<\/em><\/strong><\/span>. [1]<\/span><\/span><\/p>\n

1. The exemption created by act of Congress declaring that no lands acquired under federal homestead and timber culture laws shall be liable for the satisfaction of any debt contracted prior to their acquisition from the government.\u00a0<\/span> 42 Am J1st Pub L \u00a7 27<\/span>. <\/span><\/span><\/strong><\/p>\n

The exemption from execution, provided by constitution or statute, of a prescribed amount or tract of land occupied by the debtor as the head of the family residing thereon.\u00a0<\/span>\u00a0<\/span>26 Am J1st Home \u00a7\u00a7 2 et seq.\u00a0<\/span><\/span><\/strong>[3]<\/span><\/p>\n

1. Under homestead exemption statutes,\u00a0<\/span>the immunity of real property from execution for debt, provided the property is occupied by the debtor as the head of the f<\/span><\/strong>amily.\u00a0<\/strong> See head of family<\/em>. [4]<\/span><\/span><\/p>\n

homestead right<\/span>:<\/span><\/span><\/strong><\/p>\n

1. A quality annexed to land whereby an estate is exempted from sale under execution for debt.<\/span> Little John v Egerton<\/em>, 77 NC 379, 384<\/span>. <\/span><\/span><\/strong><\/p>\n

A statutory privilege which may be asserted where the homestead property of the family is sought to be subjected to the payment of a debt not a lien, whereunder either or both spouses may claim the homestead as exempt from seizure.<\/span>\u00a0 Thompson v Marlin<\/em>, 116 Okla 159, 243 P 950<\/span>. <\/span><\/span><\/strong><\/p>\n

The right to enter upon unappropriated public land for the purpose of occupying a tract and ultimately acquiring title to it under the homestead laws.<\/span> 42 Am J1st Pub\u00a0<\/span><\/span>\u00a7\u00a7 9 et seq.\u00a0<\/span><\/span><\/strong>[3]<\/span><\/p>\n

homestead laws<\/span>:<\/span><\/span><\/strong><\/p>\n

1. The statutes relative to the acquisition of a homestead out of the public domain.\u00a0<\/span> 42\u00a0<\/span><\/span><\/strong>Am J2d Pub L \u00a7 20<\/span>.<\/span><\/strong>
\nSee homestead exemption<\/em>; pre-emption laws<\/em>. [3]<\/span><\/span><\/p>\n

homestead exemption statutes<\/span>:<\/span><\/span><\/strong><\/p>\n

1. State statutes that provide for a homestead\u00a0<\/span><\/strong>exemption.<\/strong> [4]<\/span><\/span><\/p>\n

homestead exemption laws<\/span>:<\/span><\/strong><\/span><\/p>\n

1. Laws passed in most of the States allowing a head of a family to designate by public record a house and land as his homestead, and exempting such homestead from execution for general debts.<\/strong>\u00a0 See the statutes of the several States<\/em>. [5]<\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

homestead<\/span><\/a> – an artificial estate in land, devised to protect the\u00a0possession\u00a0and enjoyment of the owner against the claims of his creditors, by withdrawing the property from execution and forced sale, so long as the land is occupied as a home; includes the house, outbuilding , and adjoining land.<\/span><\/strong><\/p>\n